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Neutral Citation No. - 2025:AHC:121308 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7701 of 2025 Petitioner :- Stella Mathews @ Sunaina Respondent :- Rohit Jardan Mathews Counsel for Petitioner :- Ashok Kumar Saroj,Sudhir Bharti Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. The writ petition has been filed seeking following relief :-
"to direct the Principal Judge, Family Court, Prayagraj to waived off the one year cooling off period under section 10 Indian Marriage Act, and pass a decree of Divorce by Mutual consent of parties, in Matrimonial case No. 749 of 2025 (Stella Mathews Sunaina Vs Rohit Jarden Mathews) filed under section 10 of Indian Marriage Act 1890. "
3. The parties have taken out the proceedings under Section 13- B of the Hindu Marriage Act, 1955 for grant of a divorce by mutual consent which came to be registered as Petition No.749 of 2025 (Stella Mathews Sunaina Vs Rohit Jarden Mathews).
4. Contention of learned counsel for the petitioner is that the cooling-off period as provided under Section 13-B Hindu Marriage Act, 1955, may be waived off. In this regard, learned counsel for the petitioner relied upon judgment of this Court passed in Matters Under Article 227 No. 1886 of 2020 (Smt. Pratibha v. Gaurav), decided on 04.03.2020.
5. In view of the same, no useful purpose would be served in keeping this petition pending.
6. This petition is disposed of in terms of order passed by this Court in Matters Under Article 227 No. 1886 of 2020 (Smt. Pratibha v. Gaurav), dated 04.03.2020. Order Date :- 24.7.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad